Unite the union has raised what it describes as “serious concerns” around the Gibraltar Health Authority’s disciplinary processes in light of the news that the disciplinary case against the former Medical Director has been dismissed. The union says it is also questioning again the employer’s commitment to driving out “inappropriate behaviour” in the workplace.

Stuart Davies, Unite National Officer for Gibraltar said: “It is somewhat surprising that the outcome of what is supposed to be a confidential process has been made public and it unfortunately demonstrates that it is not what you have done, but who you are in respect of GHA’s disciplinary process. Whilst it is clear that the internal disciplinary process should not slavishly follow the outcome of the employment tribunal, it is indisputable that the tribunal made a finding of fact of physical contact, raised and raising voices, inappropriate language, plus anger and frustration. These are findings of fact that are unaltered by the outcome of the Supreme Court proceedings. An outcome of the GHA’s internal, and very delayed, process to dismiss all charges is incredulous when framed against the initial investigation finding of a prima facie case against the former Medical Director and also the findings of fact by the employment tribunal.

“This outcome draws a sharp comparison to the application of the disciplinary procedure in the GHA to more junior members of staff, some of whom are interdicted for long periods, often unjustifiably and/or are issued warnings that explicitly breach the General Orders. The disciplinary process in the GHA is being routinely undermined, either deliberately or due to a lack of understanding of the General Orders. The outcome reached in the former Medical Director’s case does little to restore faith in the disciplinary process and its application.

“This whole episode, the internal process and the litigation that has traversed the court system highlights the need for the Bullying at Work legislation to be reviewed and reformed if Government and employers are genuine in a desire to drive out bullying behaviour in the workplace”.